Audio recording question. NON leo.

[The Unknown 1087]

So I know PA you have to have consent to audio record someone.

What if you start recording and say "if you keep talking, I'll take that as consent to record you. if you dont wish to be recorded, then let me alone."

Does that CYA at all? I was thinking about this earlier, again this if audio recording NONE LEO people.

Just a general random question.

[exceltoexcel]

I don't have the law infront of me. It might just require that the other party must be informed that you're recording them

[The Unknown 1087]

Originally Posted by exceltoexcel

I don't have the law infront of me. It might just require that the other party must be informed that you're recording them

Oh ok then.

Thanks!

[MostlyHarmless]

For quality assurance purposes, this conversation may be monitored.


Jan

[MostlyHarmless]

Originally Posted by BTA88

It's my understanding that PA law states that only one party has to be aware that the conversation is being recorded. Let me see if I can dig it up.

I hope you can find it, because I fear that you mistake that one with Virginia.


Jan

[The Unknown 1087]

Originally Posted by exceltoexcel

I don't have the law infront of me. It might just require that the other party must be informed that you're recording them

Originally Posted by BTA88

It's my understanding that PA law states that only one party has to be aware that a private conversation is being recorded. Let me see if I can dig it up.

Edit:
18 Pa. Cons. Stat. Ann. §5725(a). The Act defines an “oral communication” as “[a]ny oral
communication uttered by a person possessing an expectation that such communication is not
subject to interception under circumstances justifying such expectation.” 18 Pa. Cons. Stat. Ann.
§5702; see also Agnew v. Dupler, No. 088 M.D. App. Dkt. 1996, slip op. at 9, 1998 WL 543879
(Pa. Aug. 25, 1998)(an oral communication is protected “only where the speaker possessed a
reasonable expectation of privacy in the conversation.”).

So, if you're chatting with someone in Walmart, you have no duty to inform the other party. If you're in someone's private office or home, you must ask for their consent.

awesome, thanks

[JCWohlschlag]

Originally Posted by BTA88

It's my understanding that PA law states that only one party has to be aware that a private conversation is being recorded. Let me see if I can dig it up.

This is incorrect. Pennsylvania is an all party state. Any people being recorded, if they have a reasonable expectation of privacy or possibly even a reasonable expectation of non-interception, must be reasonably notified of the recording for non-electronic communication or must consent to the recording for electronic communication.

[Jup06]

Originally Posted by JCWohlschlag

This is incorrect. Pennsylvania is an all party state. Any people being recorded, if they have a reasonable expectation of privacy or possibly even a reasonable expectation of non-interception, must be reasonably notified of the recording for non-electronic communication or must consent to the recording for electronic communication.

I thought it was referred to as a "two-party" state but basically meaning as you wrote, all consenting? Consent...so the PSP don't wear live mics? Or is it, the PSP have to inform a subject that they're being audibly recorded. Or is it, the subject has to inform the PSP that they are recording the convo? Or is it okay for the cops to record a subject but not the other way around.

[MostlyHarmless]

http://forum.pafoa.org/concealed-ope...police-pa.html (Audio/video taping police in PA)

[exceltoexcel]

so basically IMO if you say I'm taping this conversation they know it is being intercepted and they have no expectation of privacy from that point on. I would argue they also know if they see you with a video recorder on you hand and the red light is on!